Terms of Use

These Terms of Use （hereinafter referred to as the "Terms"） apply to customers who use the online store "Suntory Single Malt Whisky Yamazaki Story of the Distillery, 2024 EDITION, Special Shop" （hereinafter referred to as the "Shop"） operated by Suntory Marketing & Commerce Limited （hereinafter referred to as the "Company"）, and set forth the terms of use between the customer using the Service （hereinafter referred to as the "Customer"） and the Company for the whisky sales and delivery service （hereinafter referred to as the "Service"）, and the matters to be observed when using the Service. Please read these Terms carefully before using the Service.

Article 1 Contents of this Service

• 1. This Service is a service that allows the Customers who are selected by lottery to purchase whisky （hereinafter referred to as "Product"） listed in the Shop.
• 2. The contents of this Service and other matters related to this Service are as set forth in these Terms. And the Act on Specified Commercial Transactions of this Service （hereinafter referred to as the "Specified Commercial Act"）

Article 2 Application of the Terms

These Terms apply to all relationships related to the use of the Service between the Customer and the Company.

Article 3 Conclusion of Contract, Cancellation of Order, etc.

• 1. The Customer may enter the lottery for Product on the condition that the Customer agrees to these Terms;
• 2. If the Customer wins, the Customer may purchase up to one （1） Product per winning order.
• 3. The Customer's application is completed when the Customer, after winning a prize, selects the Product to be purchased on the Shop and confirms the order, thereafter, a purchase agreement （"Purchase Agreement"） will be formed between the Customer and the Company with respect to the relevant Product when the Customer receives a message from the Company indicating that the order has been accepted.
• 4. Even after receiving an application from a Customer, if the Company deems the provision of this Service to be inappropriate, the Company may refuse to accept said application.
• 5. Only people residing in Japan may apply for this Service. However, there are areas within Japan where the Service is not available due to delivery or other circumstances.
• 6. The Customer may not cancel an order for a product after a Purchase Agreement has been formed.

Article 4 Payment

The Customer will pay the prescribed price to the Company for the Product. Please refer to the Specified Commercial Act for the payment method and time.

Article 5 Delivery, etc.

• 1. When the Customer purchases the Product, the Company will deliver it to the location designated by the Customer, and the delivery of the Product will be deemed complete upon said delivery. The place of delivery will be limited to Japan. However, there may be areas within Japan where delivery is not possible due to the circumstances of delivery.
• 2. The burden of risk and ownership of the Product will be transferred from the Company to the Customer upon completion of delivery of the Product in accordance with the preceding paragraph.
• 3. In the event that delivery is not completed due to reasons not attributable to the Company, such as an undeliverable address or long-term absence of the Customer, despite shipment to the location designated by the Customer in accordance with the preceding paragraph, the Company may cancel the Purchase Agreement for the relevant Product without any notice or demand.
• 4. If the Customer is unable to receive the Product due to the Customer’s circumstances, the Company may charge a restocking fee determined by the Company in addition to the price of the Product for the delivery in question.

Article 6 Defects in Product, Returns, Exchanges, etc.

• 1. Returns or exchanges of Product for reasons attributable to the Customer are not accepted.
• 2. If Product is defective, faulty, damaged, etc. （hereinafter referred to as "Defects, etc." and Product with defects, etc. is referred to as "Defective Product"）, please contact the Company within two weeks from the day after Product is received by the method separately specified by the Company and return the product to the Company. The Company will contact the Customer separately regarding return shipping costs.
• 3. If the Company is able to confirm that the Product is defective in accordance with the preceding paragraph, the Company will replace the Product with one that is defect-free or a replacement and ship it at our expense.
• 4. Notwithstanding the provisions of the paragraphs of the preceding article, if a defective product cannot be exchanged for a good product or a substitute product due to a limited quantity, limited time, or other reasons, the Company will refund the amount equivalent to the price of the Product in question. In the event that multiple units of the Product are purchased and only a portion are returned, only the price of the returned Product will be refunded.

Article 7 Cancellation of the Purchase Agreement

• 1. In the event of any of the following events, the Company may terminate the Purchase Agreement without notice or demand.
• • ① If the Customer has made a false declaration on the application with respect to the Customer's name, address, or other matters pertaining to the identification of the Customer or the determination of the Customer's credit standing （including where the Customer has breached the guarantee set forth in Article 12）
  • ② If the Customer violates any of the compliance requirements set forth in Article 9
  • ③ If the Customer defames or otherwise injures the rights of the Suntory Group （Suntory Holdings Limited, its domestic consolidated companies and equity-method affiliates, and the Suntory Foundation for the Arts; hereinafter the same shall apply）, or otherwise harms the rights of the Suntory Group.
  • ④ If the Customer violates the Purchase Agreement or these Terms or otherwise significantly destroys the relationship of trust between the Customer and the Company
  • ⑤ If the Company deems it inappropriate to provide the Service to the Customer due to circumstances similar to those described in each item of this paragraph
  • ⑥ If the Company determines that the Customer might not conform to the eligibility requirements, conditions, etc., as set forth in the Application Requirements for Lottery Sales.
  • ⑦ If the delivery address specified by the Customer is in an area where this Service is not available
  • ⑧ Other cases similar to the preceding items
• 2. If a Purchase Agreement with the Customer is terminated pursuant to the preceding paragraph, the Customer will immediately pay the full amount of all debts owed to the Company forfeiting the benefit of time with respect to all debts under the Purchase Agreement, unless there is a reason beyond the Customer’s control. Also, if at the time the Purchase Agreement with the Customer is terminated the Customer has already paid the Product price, the Company will not refund it.

Article 8 Handling of Personal Information, etc.

The Company （including joint users） will handle information about the Customer in this Service in accordance with the provisions of the "Special SHOP Privacy Policy （https://ieno-bar2brvn.suntory.co.jp/html/privacy.html）".

Article 9 Compliance and Suspension of Use

The Customer will comply with the following items when using the Service. If the Customer violates any of the following items, the Company can suspend the Customer's use of the Service without any prior notice.

• • ① Do not use the Product to conduct commercial activities
  • ② Handle the Product in accordance with the Company's instructions and do not use it for any purpose other than the prescribed purpose
  • ③ Do not assign to any third party, pledge or otherwise create any third-party rights with respect to the Customer’s status and rights in relation to transactions with the Company under these Terms
  • ④ Do not violate laws, ordinances, or public order and morals
  • ⑤ Do not unreasonably refuse to receive the Product
  • ⑥ Do not engage in any act that violates these Terms or any other act that the Company deems inappropriate
  • ⑦ Do not engage in any other activities that interfere with the provision of this Service

Article 10 Change, Suspension, Termination, etc. of the Service

• 1. The Company does not guarantee or promise to provide this Service to the Customer in the future.
• 2. The Company can, to the extent reasonably necessary, change all or part of the contents of the Service （including specifications, rules, design, audiovisual expressions, parameters, and any other matters） at any time without prior notice to the Customer.
• 3. The Company can suspend, interrupt, or terminate the Service at its discretion by giving prior notice to the Customer, regardless of the reason. In the event of suspension or interruption of the Service, the Customer will be suspended from all positions related to the use of the Service during the period of suspension or interruption, depending on the extent of the suspension or interruption.
• 4. The Company can terminate the Service, etc. without notice to the customer in any of the following cases.
• • ① When performing inspections or maintenance work on computer systems or networks related to this Service
  • ② When there is an accident involving the computer system or network, etc.
  • ③ When there is an event of force majeure such as earthquake, lightning, fire, windstorm, flood, power outage, natural disaster, etc.
  • ④ In any other cases where the Company deems it necessary to change the Service or suspend or discontinue its provision

Article 11 Disclaimer

• 1. The Company will not be liable for any damages incurred by the Customer or any third party as a result of the Customer’s violation of any of the provisions of these Terms.
• 2. In addition to the preceding paragraph, if the Company is unable to provide the Service or there is a delay in the provision of the Service due to any of the following circumstances, the Company will be exempt from any and all liability.
• • ① In the event of force majeure （including but not limited to natural disasters, accidents involving transportation or communication lines, traffic congestion, planned power outages, etc.） that are beyond the control of the Company
  • ② When laws and regulations are enacted, amended, or abolished, or when there is administrative guidance
  • ③ When any other serious reason arises that makes it difficult to operate this Service.
• 3. If the circumstances described in the preceding paragraph are not expected to be resolved, the Company can discontinue providing the Service or terminate the Purchase Agreement.
• 4. In using the Service, the Customer might be transferred from the Service to other services operated by third parties related to the Service （hereinafter referred to as "External Services"）. In such cases, the Customer will use the Service and External Services upon agreeing to the terms of use, etc. of the External Services at his/her own responsibility and expense. The Company does not guarantee the completeness, accuracy, validity, etc. of the content of the External Service.

Article 12 Guarantee of Not Being an Antisocial Force

In applying for this Service, the Customer warrants that the Customer is not a member of or affiliated with a designated organized crime group or an organization affiliated with a designated organized crime group, and is not a member of any other anti-social force.

Article 13 Intellectual Property Rights, etc.

• 1. All copyrights and other rights related to the contents （text, images, photographs, videos, etc.） provided through this Service are the property of the Company or other parties that have licensed their rights to the Company. These contents are protected by copyright laws of each country, various treaties, and other laws, and may not be used （including reproduction, public transmission, distribution of reproductions, adaptation, and these acts pertaining to adapted materials） without the prior consent of the Company beyond the scope permitted by law, including private use.
• 2. Trademarks （including service marks） used in the contents provided through this Service belong to the Company or to right holders who have authorized the Company to use them. They cannot be used without the prior consent of the Company.

Article 14 Transfer of Rights

• 1. The Customer will not transfer his/her position under these Terms or the Purchase Agreement, or his/her rights or obligations thereunder, in whole or in part, to any third party without the prior written consent of the Company.
• 2. The Company can, at its discretion, transfer all or part of the Service and its position as the entity providing the Service to a third party without obtaining the prior consent of the Customer, and in such case, to the extent of the transfer, all relationships with the Customer （including, but not limited to, possession of personal information） regarding the Service and the Purchase Agreement, including the Customer's account, will be transferred to the transferee.

Article 15 Modification of Terms

• 1. The Company does not guarantee or promise that the Service will be provided to the Customer in the future in accordance with these Terms, and may change these Terms at any time when necessary for the proper operation of the Service or when the Company deems it reasonably necessary to do so.
• 2. Any changes to these Terms based on the preceding paragraph will be announced in advance by a reasonable method, such as by posting on the website, and will become effective from the date specified at the time of announcement.
• 3. In the event of any modification of the Terms, the provisions of the modified Terms will apply to the Service and transactions based on the Service after the modification, so please check the latest version of the Terms when using the Service. The latest version of the Terms will be posted at https://ieno-bar2brvn.suntory.co.jp/terms.

Article 16 Method of Contact

• 1. The Company will provide notice to the Customer by sending e-mail to the Customer’s registered e-mail address, distributing and posting notices on the Web, distributing messages, and by other means that the Company deems appropriate. Notification will be deemed to have been made when the Customer is able to view these notices, regardless of whether or not the Customer has viewed them.
• 2. For inquiries from the Customer to the Company regarding this Service, please contact the Company at the contact information below.

Suntory Campaign Office
Phone number: 03-3533-7874 （toll call / operator-assisted）
Office Hours: 9:30 AM to 5:30 PM （except Saturdays, Sundays, national holidays, summer holidays, and year-end and New Year holidays）
E-MAIL: tyuusenhanbai@smc.sgn.ne.jp

Article 17 Severability

If any provision of these Terms is held to be invalid or illegal, in whole or in part, such invalidity or illegality will in no way affect the other provisions of these Terms or their interpretation and application, nor will it impair or invalidate their legality or validity.

Article 18 Governing Law and Jurisdiction

These Terms will be governed by and construed in accordance with the laws of Japan, and the Customer agrees to submit to the exclusive jurisdiction of the Tokyo District Court as the court of first instance for any and all disputes relating to these Terms, the Service, or the Purchase Agreement.

（Adopted on March 13, 2023）

Privacy Policy

Suntory Marketing & Commerce Limited （hereinafter referred to as the "Operator"） will handle information obtained from members or users in connection with the provision of the Service in accordance with the Operator's publicly available Privacy Policy （https://www.suntory.co.jp/smc/company/privacy.html ） and the following Privacy Policy.

Privacy Policy

• 1. Purpose of the Use of Personal Information

Suntory Marketing & Commerce Limited collects and uses the user’s personal information for the following purposes in the Service.

• • （1） To confirm your identity when you use this Service as a user
  • （2） To automatically display this information on various screens when you view or modify your registered information or check the status of your use of this Service.
  • （3） To automatically display registration information on the input screen to simplify data input by users, or to transfer registration information to other services, etc. based on user instructions
  • （4） To deliver e-mail and direct mail
  • （5） To confirm registration for paid services and to provide services
  • （6） To provide various after-sales services
  • （7） For billing, payment, and confirmation of payment for paid services and various products
  • （8） To confirm applications for events/seminars and send admission tickets, etc.
  • （9） To send rewards and other communications in response to questionnaires
  • （10） To send prizes, etc., to those who have applied for competitions, etc.
  • （11） To respond to inquiries from users or for the Operator to contact users
  • （12） To deal with users who violate the terms and conditions of this Service
  • （13） To ship the Product and communicate with Customer
  • （14） To contact the Customer in the event of a Defective Product and to ship a replacement
  • （15） To be used as statistical information that does not identify individuals

• 2. Provision, Entrustment, and Disclosure of Personal Information to Third Parties

The Operator will not provide, entrust, or disclose personal information to third parties, except with the prior consent of the user or in the following cases.

• • （1） For the above purposes of use, the Operator might entrust operations involving the information to a subcontractor that has a management system equivalent or superior to that of the Operator, but will not provide the information itself. The Operator outsources a part of its operations, such as order confirmation and delivery, to other companies. These outsourced services include order processing, Product delivery, mail and email delivery, data analysis, marketing assistance, credit card payment processing （including fraud detection and prevention by the card issuer）, and customer service. The contractor will use personal information as necessary to perform the above services, but will not use it for any other purpose. If the card issuer used by the Customer is located in a foreign country, information such as your name, billing address, telephone number, shipping address, e-mail address, and Internet usage environment information may be transferred to the country to which the issuer belongs.
  • （2） In the event that the Operator receives a request for disclosure of information from a judicial, administrative, or similar agency pursuant to the provisions of the law, the Operator will disclose the account and other personal information if the Operator believes that the disclosure of information complies with the law, is in accordance with the Terms and other regulations, and protects the rights, property, and safety of the Operator and users, etc. This includes exchanging information with companies and other organizations for fraud and credit risk protection.

• 3. Voluntary Nature of the Provision of Personal Information and the Consequences of not Providing such Information

Users voluntarily choose whether or not to accept the collection of personal information. However, if any item on the application form is left blank, the application process might not be completed, but no other disadvantages will be incurred.

• 4. Request for Disclosure of Personal Information

The Operator will endeavor to keep the personal information collected with the consent of users up-to-date and accurate at all times.
When the Operator receives a request for reference or confirmation of personal information, the Operator will respond to the request for disclosure after confirming the identity of the person making the request. If any incorrect information is found as a result, the Operator will take prompt action.
If the Customer wishes to disclose, correct, or delete your personal information, please follow the procedures described in the "Publication under the Act on the Protection of Personal Information" on the Operator's website.

Publication based on the Act on the Protection of Personal Information.
⇒https://www.suntory.co.jp/smc/company/public.html

• 5. Security of Personal Information on the Web Site

Information entered on the website is protected by encryption.
The Operator also maintains its servers with the latest updates to ensure that they are up-to-date.

• 6. Cookies

This website uses cookies on its pages to improve user convenience, to gain a statistical understanding of site browsing conditions in order to improve the site, and to optimize site displays and deliver advertisements to users.
Cookies are a mechanism that stores data on the user's computer, such as site browsing history sent and received between the user's computer （browser） and the Operator when the user browses a page, and statistical information that cannot be used to identify an individual, such as age, gender, residential area, etc., among the information provided during registration, etc. （limited to information that cannot be used to identify an individual even when combined）. This information can be used to display the most appropriate information for each user. If a user's browser is set to allow the sending and receiving of cookie information, the Operator can retrieve cookie information from the user's browser. Please note that the information stored in cookies alone cannot be used to identify individual users.

The Operator may use the information stored in cookies to assist users in entering information, to maintain the connection status of pages that require login, to statistically monitor site visits in order to improve the site, to display the most appropriate site for each user, and to deliver the most appropriate advertisements, but will not use cookies in conjunction with personal information for any purpose other than the aforementioned.

Users may also refuse to accept cookies. In this case, you might not be able to use some of the services provided by this site.

• 7. Personal information including credit card information

The purpose of use, name of the acquirer, name of the recipient, and storage period of credit card information （card name, card number, and period of validity） that the Operator obtains from users are as follows.

• • （1） Purpose of Use

To pay for the purchased Product and services by credit card. Credit card information will not be used for any other purpose.

• • （2） Name of the acquirer of the information

Suntory Marketing & Commerce Limited
However, no credit card information （card number, expiration date, etc.） will be retained in the Operator's system, and only the fact that payment has been completed or is incomplete will be obtained from the settlement agent.

• • （3） Name of the recipient

Each credit card company used by the user and GMO Payment Gateway, Inc., the settlement agent.

• • （4） Storage period
    [1] Storage period at the Operator: Not retained by the Operator.
    [2] Storage period at GMO Payment Gateway, Inc.: in principle, 7 years from the time of credit card payment.

• 8. Terms of Use and other regulations, and any amendments thereto

Use of the Service is governed by this document and the Terms of Use, and Japanese law will apply to all disputes regarding use and privacy.
The content of this document and the Terms of Use are subject to change, but the use of the user’s personal information collected by the Operator will be governed by this document and the Terms of Use in effect at the time such information is used.

The Operator might send various rules and regulations to users who have provided personal information by e-mail unless the user notifies the Operator that he/she does not wish to receive such information. However, the user is requested to check this site for the latest content changes.

• 9. Manager of personal information and contact for disclosure requests, etc.

General Manager, Administration Division Suntory Marketing & Commerce Limited
Phone number 0120-053-300 （main） 9:00 - 17:30 （weekdays only）

• Q1. Is it possible to check that the entry procedures have been completed?
• A1. When you complete the entry procedures, an Entry Completed Notification e-mail will automatically be sent to the provided email address. Please check that you received the e-mail. * You should adjust your setting in advance so you can receive e-mails sent from “@smc.sgn.ne.jp”. * Please carefully store the confirmation e-mail since a second Entry Completed Notification cannot be sent.

• Q2. When I was completing the entry procedures, an error occurred and I could not progress to the next screen. What should I do?
• A2. Because it may temporarily be difficult to access the campaign website, you should wait some time and try again later but before the entry deadline.
  If the same problem occurs when accessing the website later, you should delete the viewing data stored on your bowser（cache）and then restart your device. This may resolve the problem.
  The website may not function properly if there is little available memory on your device. You should close all running task and try using the recommended browser.

• Q3. Is it possible to enter by phone?
• A3. We are sorry, but it is only possible to enter the drawing using the dedicated entry form accessible from a computer or smartphone.

• Q4. If I have entered a different Suntory campaign that is running at the same time, can I be selected for both campaigns?
• A4. Yes, you may be selected for multiple campaigns.

• Q5. Can I enter the drawing even though I have not signed up for the YAMAZAKI CLUB?
• A5. Yes, you can. * YAMAZAKI CLUB is a fan club so that people can enjoy Yamazaki Single Malt Whisky even more. The latest information on Yamazaki Single Malt Whisky is provided through a mail magazine. If you would like, you should be sure to use this opportunity to sign up for YAMAZAKI CLUB.
  YAMAZAKI CLUB（mail magazine）sign-up form
  https://ssl1.suntory.co.jp/apl/btcr/cp/CSUNY2312071/form